State of Illinois
90th General Assembly
Legislation

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90_HB0131

      305 ILCS 5/12-4.11        from Ch. 23, par. 12-4.11
          Amends the "Administration" Article  of  the  Public  Aid
      Code.   Increases  the maximum public aid payment for funeral
      expenses from $630 to $650 and for burial expenses from  $315
      to $325.  Effective immediately.
                                                     LRB9001007DJcd
                                               LRB9001007DJcd
 1        AN  ACT to amend the Illinois Public Aid Code by changing
 2    Section 12-4.11.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois Public Aid Code is amended by
 6    changing Section 12-4.11 as follows:
 7        (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec.   12-4.11.   Standards   of   assistance;   content;
10    limitations; grant amounts.  Establish specific standards, by
11    rule, by which grant amounts and need for public aid will  be
12    determined  and  amend  the  standards  from  time to time as
13    circumstances may require.
14        The standards shall provide a livelihood compatible  with
15    health  and well-being for persons eligible for financial aid
16    under  any  Article  of  this  Code.   They   shall   include
17    recognition  of any special needs occasioned by the handicaps
18    and infirmities of age, blindness, or disability.  They shall
19    include recognition of the special clothing needs  of  school
20    age children occasioned by cold weather conditions during the
21    winter   season.   Standards  established  to  determine  the
22    eligibility of  medically  indigent  persons  for  aid  under
23    Articles V or VII shall take into account the requirements of
24    the  spouse or other dependent or dependents of the applicant
25    for medical aid.
26        The quantity and quality of the  items  included  in  the
27    standards  established  for  food,  clothing, and other basic
28    maintenance needs  shall  take  account  of  the  buying  and
29    consumption  patterns of self-supporting persons and families
30    of low income, as determined from time to time by the  United
31    States Department of Agriculture, the United States Bureau of
                            -2-                LRB9001007DJcd
 1    Labor  Statistics,  and  other nationally recognized research
 2    authorities in the fields of nutrition and family living.
 3        The items in the standards shall be priced  annually  for
 4    changes  in  cost, as provided in Section 12-4.15, and prices
 5    of the standards adjusted as indicated  by  the  findings  of
 6    these  surveys.   The  Department,  with  due  regard for and
 7    subject  to  budgetary  limitations,  shall  establish  grant
 8    amounts for each of the programs, by regulation.   The  grant
 9    amounts  may be less than the prices of the standards and may
10    vary by program, size of assistance unit and geographic  area
11    and  may  be  established  in the form of a percentage of the
12    standards for any or all programs. Beginning  July  1,  1991,
13    the  annual  appropriations law of the Illinois Department of
14    Public Aid shall, in respect to Articles IV and  VI,  specify
15    the  percentage  of  the  current  Standard of Need, that the
16    current fiscal year appropriation is intended to cover as  of
17    the  beginning of that fiscal year.  Nothing in the preceding
18    sentence shall be construed to require any grant increase  at
19    any time during the remainder of that fiscal year.
20        In  recognition of the inability of low income households
21    to afford the rising costs of energy, payments  made  by  the
22    Department  under  Articles IV and VI shall include an amount
23    of money to offset, in whole or in part, the costs of  energy
24    associated  with  seasonal variations.  The Department may by
25    rule establish the amount of such energy payments  which  may
26    vary in accordance with the size of the assistance unit.  The
27    Department  for  reasons  of  administrative  simplicity  may
28    provide the amounts in equal monthly payments.
29        During  the  first  month that the Department pays grants
30    which include amounts authorized in the preceding  paragraph,
31    the  grant amounts for all sized assistance units within each
32    program the Department administers under Article IV  of  this
33    Code  and  for assistance units of more than one person under
34    Article VI of this Code shall be adjusted  to  approach  more
                            -3-                LRB9001007DJcd
 1    closely  a  single  percentage  of the standard of assistance
 2    established under this Section, with grant amounts  expressed
 3    in  whole dollar amounts.  The percentage used for Article IV
 4    need not be the same percentage used for Article  VI.  Energy
 5    Assistance   money   provided   in  a  separate  payment  and
 6    identified as being exclusively for energy  assistance  shall
 7    not  be considered as a part of the grant for the purposes of
 8    this paragraph;  all  of  the  grant  amount,  including  any
 9    portion  thereof  that  may  be  provided  for the purpose of
10    energy assistance provided  under  the  preceding  paragraph,
11    shall be considered under this paragraph.
12        Aid payments shall not be reduced except: (1) for changes
13    in  the  cost  of items included in the standards, or (2) for
14    changes in the expenses of the recipient, or (3) for  changes
15    in the income or resources available to the recipient, or (4)
16    for   changes   in   grants  resulting  from  adoption  of  a
17    consolidated standard, or (5) to  accomplish  the  adjustment
18    described  in  the preceding paragraph, or (6) beginning July
19    1, 1992, to reduce  grant  amounts  for  recipients  of  cash
20    assistance  under  Sections 3-1a and 6-11 of this Code during
21    fiscal year 1993.
22        If recipients can  obtain  adequate  shelter  only  if  a
23    security  deposit  is  given the landlord, the Department may
24    furnish  one  month's  rent  as  a  security  deposit.   This
25    provision shall be operative only to the extent that it  does
26    not foster the granting of duplicate assistance.
27        In  fixing standards to govern payments or reimbursements
28    for funeral and burial expenses, the  Department  shall  take
29    into  account the services essential to a dignified, low-cost
30    funeral and burial, but no payment shall be  authorized  from
31    public  aid  funds  for  the  funeral in excess of $650 $630,
32    exclusive of reasonable  amounts  as  may  be  necessary  for
33    burial  space  and cemetery charges, and any applicable taxes
34    or  other  required  governmental  fees   or   charges.   The
                            -4-                LRB9001007DJcd
 1    Department  shall authorize no payment in excess of $325 $315
 2    for a cemetery burial.
 3        Nothing contained in this Section or in any other Section
 4    of this Code shall be  construed  to  prohibit  the  Illinois
 5    Department  (1)  from consolidating existing standards on the
 6    basis of any standards which are or were  in  effect  on,  or
 7    subsequent  to  July  1,  1969,  or  (2)  from  employing any
 8    consolidated standards in determining need for public aid and
 9    the  amount  of  money  payment  or  grant   for   individual
10    recipients or recipient families.
11        Notwithstanding  any  other provision of this Code to the
12    contrary, the Illinois Department  is  authorized  to  reduce
13    payment  levels  under  Article  VI as necessary to implement
14    contingency reserves under the Emergency Budget Act of Fiscal
15    Year 1992, to the extent permitted by federal law.  Any  such
16    reduction shall expire on July 1, 1992.
17    (Source:  P.A.  86-127;  86-430;  86-1028;  86-1457;  87-528;
18    87-838; 87-860.)
19        (Text of Section after amendment by P.A. 89-507)
20        Sec.   12-4.11.   Standards   of   assistance;   content;
21    limitations; grant amounts.  Establish specific standards, by
22    rule,  by which grant amounts and need for public aid will be
23    determined and amend the  standards  from  time  to  time  as
24    circumstances may require.
25        The  standards shall provide a livelihood compatible with
26    health and well-being for persons eligible for financial  aid
27    under   any   Article  of  this  Code.   They  shall  include
28    recognition of any special needs occasioned by the  handicaps
29    and infirmities of age, blindness, or disability.  They shall
30    include  recognition  of the special clothing needs of school
31    age children occasioned by cold weather conditions during the
32    winter  season.   Standards  established  to  determine   the
33    eligibility  of  medically  indigent  persons  for  aid under
34    Articles V or VII shall take into account the requirements of
                            -5-                LRB9001007DJcd
 1    the spouse or other dependent or dependents of the  applicant
 2    for medical aid.
 3        The  quantity  and  quality  of the items included in the
 4    standards established for food,  clothing,  and  other  basic
 5    maintenance  needs  shall  take  account  of  the  buying and
 6    consumption patterns of self-supporting persons and  families
 7    of  low income, as determined from time to time by the United
 8    States Department of Agriculture, the United States Bureau of
 9    Labor Statistics, and other  nationally  recognized  research
10    authorities in the fields of nutrition and family living.
11        The  items  in the standards shall be priced annually for
12    changes in cost, as provided in Section 12-4.15,  and  prices
13    of  the  standards  adjusted  as indicated by the findings of
14    these surveys.  The  Department,  with  due  regard  for  and
15    subject  to  budgetary  limitations,  shall  establish  grant
16    amounts  for  each of the programs, by regulation.  The grant
17    amounts may be less than the prices of the standards and  may
18    vary  by program, size of assistance unit and geographic area
19    and may be established in the form of  a  percentage  of  the
20    standards  for  any  or all programs. Beginning July 1, 1991,
21    the annual appropriations  law  of  the  Illinois  Department
22    shall,  in  respect  to  Articles  IV  and  VI,  specify  the
23    percentage  of the current Standard of Need, that the current
24    fiscal year appropriation is intended  to  cover  as  of  the
25    beginning  of  that  fiscal  year.   Nothing in the preceding
26    sentence shall be construed to require any grant increase  at
27    any time during the remainder of that fiscal year.
28        In  recognition of the inability of low income households
29    to afford the rising costs of energy, payments  made  by  the
30    Department  under  Articles IV and VI shall include an amount
31    of money to offset, in whole or in part, the costs of  energy
32    associated  with  seasonal variations.  The Department may by
33    rule establish the amount of such energy payments  which  may
34    vary in accordance with the size of the assistance unit.  The
                            -6-                LRB9001007DJcd
 1    Department  for  reasons  of  administrative  simplicity  may
 2    provide the amounts in equal monthly payments.
 3        During  the  first  month that the Department pays grants
 4    which include amounts authorized in the preceding  paragraph,
 5    the  grant amounts for all sized assistance units within each
 6    program the Department administers under Article IV  of  this
 7    Code  and  for assistance units of more than one person under
 8    Article VI of this Code shall be adjusted  to  approach  more
 9    closely  a  single  percentage  of the standard of assistance
10    established under this Section, with grant amounts  expressed
11    in  whole dollar amounts.  The percentage used for Article IV
12    need not be the same percentage used for Article  VI.  Energy
13    Assistance   money   provided   in  a  separate  payment  and
14    identified as being exclusively for energy  assistance  shall
15    not  be considered as a part of the grant for the purposes of
16    this paragraph;  all  of  the  grant  amount,  including  any
17    portion  thereof  that  may  be  provided  for the purpose of
18    energy assistance provided  under  the  preceding  paragraph,
19    shall be considered under this paragraph.
20        Aid payments shall not be reduced except: (1) for changes
21    in  the  cost  of items included in the standards, or (2) for
22    changes in the expenses of the recipient, or (3) for  changes
23    in the income or resources available to the recipient, or (4)
24    for   changes   in   grants  resulting  from  adoption  of  a
25    consolidated standard, or (5) to  accomplish  the  adjustment
26    described  in  the preceding paragraph, or (6) beginning July
27    1, 1992, to reduce  grant  amounts  for  recipients  of  cash
28    assistance  under  Sections 3-1a and 6-11 of this Code during
29    fiscal year 1993.
30        If recipients can  obtain  adequate  shelter  only  if  a
31    security  deposit  is  given the landlord, the Department may
32    furnish  one  month's  rent  as  a  security  deposit.   This
33    provision shall be operative only to the extent that it  does
34    not foster the granting of duplicate assistance.
                            -7-                LRB9001007DJcd
 1        In  fixing standards to govern payments or reimbursements
 2    for funeral and burial expenses, the  Department  shall  take
 3    into  account the services essential to a dignified, low-cost
 4    funeral and burial, but no payment shall be  authorized  from
 5    public  aid  funds  for  the  funeral in excess of $650 $630,
 6    exclusive of reasonable  amounts  as  may  be  necessary  for
 7    burial  space  and cemetery charges, and any applicable taxes
 8    or  other  required  governmental  fees   or   charges.   The
 9    Department  shall authorize no payment in excess of $325 $315
10    for a cemetery burial.
11        Nothing contained in this Section or in any other Section
12    of this Code shall be  construed  to  prohibit  the  Illinois
13    Department  (1)  from consolidating existing standards on the
14    basis of any standards which are or were  in  effect  on,  or
15    subsequent  to  July  1,  1969,  or  (2)  from  employing any
16    consolidated standards in determining need for public aid and
17    the  amount  of  money  payment  or  grant   for   individual
18    recipients or recipient families.
19        Notwithstanding  any  other provision of this Code to the
20    contrary, the Illinois Department  is  authorized  to  reduce
21    payment  levels  under  Article  VI as necessary to implement
22    contingency reserves under the Emergency Budget Act of Fiscal
23    Year 1992, to the extent permitted by federal law.  Any  such
24    reduction shall expire on July 1, 1992.
25    (Source: P.A. 89-507, eff. 7-1-97.)
26        Section  95.   No  acceleration or delay.  Where this Act
27    makes changes in a statute that is represented in this Act by
28    text that is not yet or no longer in effect (for  example,  a
29    Section  represented  by  multiple versions), the use of that
30    text does not accelerate or delay the taking  effect  of  (i)
31    the  changes made by this Act or (ii) provisions derived from
32    any other Public Act.
                            -8-                LRB9001007DJcd
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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